Explaining ‘Imputed Income’ In Child Support Cases

When a couple divorces, one of the most hotly disputed issues during proceedings is likely to be child support. While good parents obviously want the best for their children, they can still argue over how much support will be, particularly if one spouse makes more than the other in income. A small percentage of parents, however, will try to lower their obligations by unfair means. The legal system developed the concept of ‘imputing’ income in order to combat such practices. If you suspect this is happening in your case, an attorney may help to set things right.

Any Change Must Be Involuntary

In Florida and in many other states, a parent’s child support obligation is determined, in part, by their income level. While deviations from the state’s guidelines (which recommend approximate amounts) are permissible, the court must justify the change, For example, if a person loses their job and cannot meet their support obligation, the court can specify this substantial change in circumstances merits a deviation from the state’s guidelines – in general, while Florida courts want to advance the best interests of the child involved in these types of cases, they are not in the business of putting parents into penury.

That said, the change in a person’s situation must be due to events beyond their control. If a person voluntarily takes a pay cut or otherwise makes it so they are poorer, whether or not they do so with the intent of paying less child support, the court has the right to impute income to them, and then calculate their support obligation from that figure. It is important to keep in mind that establishing the facts is the task of the custodial parent in most cases – in other words, the custodial parent must show that the unemployment or underemployment was voluntary, instead of requiring the non-custodial parent to show that it is not.

Establishing Proof

In order to establish that imputing income to your co-parent is appropriate, it is a good idea to consider not only their (real or potential) salary, but also any stored assets or wealth, as well as their connections in their field, which can affect how easy or difficult it may be to get a new job. A person who has no potential upward mobility may have more legitimate reasons for not being able to meet their obligations.

It is important that you collect as much relevant evidence as possible, as Florida courts do require a fairly high burden be met in order for income to be imputed to your co-parent. Anything from the amount of income imputed to the periods for which it should be imputed may be up for review, and the state’s Appeals Courts have, in the past, reversed decisions of imputed income when evidence was found to be lacking.

Contact A Hollywood, FL Child Support Attorney

Establishing that your co-parent may have voluntarily chosen less income is not an easy task, and the right Hollywood, FL family attorney can help take some of the work off of your proverbial plate. The Law Offices of Steven A. Mason, P.A. has handled many of these cases and will work hard on yours. Contact our office today to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2018/61.30